Stanford Law School - Robert Crown Law Library

Filed 8/12/09

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE,
S055501
Plaintiff and Respondent,
Los Angeles County
v.
Super. Ct. No. NA019605
RAYMOND OSCAR BUTLER,
)
Defendant and Appellant.
)
___________________________________ )

MODIFICATION OF OPINION
THE COURT:
The opinion herein, filed on June 18, 2009, appearing at 46 Cal.4th 847, is
modified as follows:
Footnote 18 on page 882 is modified to read:
Defense counsel objected only to the last sentence of the court’s initial instruction,
despite the court’s invitation to place further objections on the record. On appeal, Butler
makes no argument concerning the effect of the last sentence of that instruction standing
alone. Rather, his arguments depend as well on portions of the instruction to which no
objection was made. Accordingly, we consider his appellate claims only to determine
whether the instructions affected his substantial rights. (§ 1259.) Apart from
considerations of waiver, we note that defense counsel’s failure to object tends to
indicate[] that the potential for coercion argued now was not apparent to one on the spot.
(Lowenfield v. Phelps (1988) 484 U.S. 231, 240.)
This modification does not affect the judgment.

---

Automatic appeal from a judgment of death.

Opinion Information

Date:	Citation:	Docket Number:	Category:	Status:
Wed, 08/12/2009	46 Cal. 4th 847, 209 P.3d 596, 95 Cal. Rptr. 3d 376	S055501M	Automatic Appeal	closed; remittitur issued

Disposition
Jun 18 2009	Opinion: Affirmed

Dockets
Jul 29 1996	Judgment of death
Aug 15 1996	Filed certified copy of Judgment of Death Rendered 7-29-96.
May 30 2001	Order appointing State Public Defender filed appointed for direct appeal.
Jun 12 2001	Received: Notice from superior court, dated 6/6/2001, advising record was transmitted to applt's counsel on that date.
Jul 30 2001	Counsel's status report received (confidential) from State P.D.
Sep 4 2001	Application for Extension of Time filed by applt. to request corr. of the record. (1st request)
Sep 13 2001	Extension of Time application Granted To applt. to 11/13/2001 to request to corr. the record. No further extensions of time are contemplated.
Sep 21 2001	Counsel's status report received (confidential) from State P.D.
Nov 6 2001	Application for Extension of Time filed To applt. to request corr. of the record. (2nd request)
Nov 15 2001	Extension of Time application Granted To 1/14/2002 to applt. to request corr. of the record. No further extensions will be granted absent a demonstation that substanial progress has been made.
Nov 21 2001	Counsel's status report received (confidential) from State P.D.
Jan 14 2002	Received copy of appellant's record correction motion applt's motion for correction of the record. (31 pp.)
Jan 22 2002	Counsel's status report received (confidential) from State P.D.
Mar 25 2002	Counsel's status report received (confidential) from State P.D.
May 20 2002	Counsel's status report received (confidential) from State P.D.
Jul 23 2002	Counsel's status report received (confidential) from State P.D.
Sep 23 2002	Counsel's status report received (confidential) from State P.D.
Nov 22 2002	Counsel's status report received (confidential) from State P.D.
Jan 21 2003	Counsel's status report received (confidential) from State P.D.
Mar 21 2003	Counsel's status report received (confidential) from State P.D.
Jul 21 2003	Counsel's status report received (confidential) from State P.D.
Sep 15 2003	Counsel's status report received (confidential) from State P.D.
Nov 13 2003	Counsel's status report received (confidential) from State P.D.
Dec 1 2003	Record on appeal filed Clerk's transcript 26 volumes (6375 pp. ) and reporter's transcript 24 volumes (3220 pp.) including material under seal; ASCII disks. Clerk's transcript includes 4970 pp. of juror questionnaires.
Dec 1 2003	Appellant's opening brief letter sent, due: January 12, 2004.
Jan 6 2004	Request for extension of time filed to file AOB. (1st request)
Jan 9 2004	Extension of time granted to 3/12/2004 to file appellant's opening brief. The court anticipates that after that date, only three further extensions totaling 180 additional days will be granted. Counsel is ordered to inform his or her assisting attorney or entity, if any, and any assisting attorney or entity of any separate counsel of record, of this schedule, and to take all steps necessary to meet it.
Jan 13 2004	Counsel's status report received (confidential) from State P.D.
Mar 8 2004	Request for extension of time filed to file appellant's opening brief. (2nd request)
Mar 12 2004	Extension of time granted to 5/11/2004 to file appellant's opening brief. The court anticipates that after that date, only two further extensions totaling about 120 additional days will be granted. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
Mar 15 2004	Counsel's status report received (confidential) from State P.D.
May 5 2004	Request for extension of time filed to file appellant's opening brief. (3rd request)
May 10 2004	Extension of time granted to 7/12/2004 to file appellant's opening brief. After that date, only two further extensions totaling about 75 additional days are contemplated. Counsel is ordered to inform his or her supervising attorney, if any, of this schedule, and to take all steps necessary to meet it.
May 12 2004	Counsel's status report received (confidential) from State P.D.
Jul 6 2004	Request for extension of time filed to file appellant's opening brief. (4th request)
Jul 9 2004	Extension of time granted to 9-10-2004 to file AOB. After that date, only one further extension totaling about 30 additional days will be granted. Extension granted based upon Deputy SPD Kate Johnston's representation that she anticipates filing the brief by 10-2004.
Jul 13 2004	Counsel's status report received (confidential) from State P.D.
Jul 28 2004	Filed: Clerk's transcript volume 1A (143 pp.)
Sep 7 2004	Request for extension of time filed to file appellant's opening brief. (5th request)
Sep 9 2004	Extension of time granted to 10/12/2004 to file appellant's opening brief. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by 10/12/2004. After that date, no further extension will be granted.
Sep 13 2004	Counsel's status report received (confidential) from State P.D.
Oct 6 2004	Appellant's opening brief filed (55281 words; 205 pp.)
Oct 6 2004	Request for judicial notice filed (AA) appellant's request.
Nov 2 2004	Request for extension of time filed to file respondent's brief. (1st request)
Nov 5 2004	Extension of time granted to 1/4/2005 to file respondent's brief.
Jan 3 2005	Request for extension of time filed to file respondent's brief. (2nd request)
Jan 5 2005	Extension of time granted to 3/7/2005 to file respondent's brief.
Mar 4 2005	Request for extension of time filed to file respondent's brief [3rd request]
Mar 14 2005	Extension of time granted to 5/9/2005 to file respondent's brief. After that date, no further extension is contemplated. Extension is granted based upon Deputy Attorney General Noah P. Hill's representation that he anticipates filing that brief by 5/7/2005.
May 5 2005	Request for extension of time filed to file respondent's brief. (4th request)
May 10 2005	Extension of time granted to 7/8/2005 to file the respondent's brief. Extension is granted based upon Deputy Attorney General Noah Hill's representation that he anticipates filing that brief by 7/8/2005. After that date, no further extension will be granted.
Jul 1 2005	Respondent's brief filed (57,219 words; 189 pp.)
Jul 15 2005	Request for extension of time filed to file appellant's reply brief. (1st request)
Jul 19 2005	Extension of time granted to 9/19/2005 to file appellant's reply brief.
Sep 13 2005	Request for extension of time filed to file appellant's reply brief. (2nd request)
Sep 15 2005	Extension of time granted to 11/18/2005 to file appellant's reply brief. After that date, only one further extension totaling about 60 additional days is contemplated. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by January 2006.
Nov 14 2005	Request for extension of time filed to file reply brief. (3rd request)
Nov 28 2005	Extension of time granted to 1/17/2006 to file reply brief. After that date, no further extension is contemplated. Extension is granted based upon Deputy State Public Defender Kate Johnston's representation that she anticipates filing that brief by 1/17/2006.
Jan 13 2006	Appellant's reply brief filed (24284 words; 93 pp.)
Sep 4 2007	Filed: notice of change of attorney of record to Karen Hamilton, Deputy State Public Defender.
Sep 14 2007	Filed: notice of change of attorney of record to Karen Hamilton, Deputy State Public Defender due to separation of of service at OSPD.
Mar 25 2008	Motion filed (AA) by appellant "Motion for Permission to File Supplemental Opening Brief"
Mar 25 2008	Application to file over-length brief filed by appellant " Application and Declaration for Leave to File Appellant's Supplemental Opening Brief Exceeding 2,800 words"
Apr 9 2008	Supplemental brief filed "Appellant's Supplemental Opening Brief" (7,720 words; 28 pp.)
Apr 9 2008	Order filed Appellant's "Motion For Permission To File Supplemental Opening Brief " and "Application and Declaration for Leave To File Appellant's Supplemental Opening Brief Exceeding 2,800 Words" are granted. The supplemental respondent's brief must be served and filed on or before May 5, 2008. Appellant's supplemental reply brief will be due within 20 days of the filing of the supplemental respondent's brief.
May 2 2008	Request for extension of time filed to file supplemental respondent's brief . (1st request)
May 7 2008	Extension of time granted Good cause appearing, and based upon Deputy Attorney General Noah P. Hill's representation that he anticipates filing the supplemental reply brief by July 3, 2008, counsel's request for an extension of time in which to file that brief is granted to July 3, 2008. After that date, no further extension is contemplated.
May 9 2008	Order filed The order filed on May 7, 2008 is amended to read as follows: Good cause appearing, and based upon Deputy Attorney General Noah P. Hill's representation that he anticipates filing the supplemental respondent's brief by July 3, 2008, counsel's request for an extension of time in which to file that brief is granted to July 3, 2008. After that date, no further extension is contemplated.
Jul 1 2008	Request for extension of time filed (AA) to file supplemental respondent's brief. (2nd. request)
Jul 8 2008	Extension of time granted Good cause appearing, and based upon Deputy Attorney General Noah P. Hill's representation that he anticipates filing the supplemental respondent's brief by August 18, 2008, counsel's request for an extension of time in which to file that brief is granted to August 18, 2008. After that date, no further extension is contemplated.
Aug 14 2008	Request for extension of time filed (AA) to file supplemental respondent's brief. (3rd request)
Aug 19 2008	Extension of time granted Good cause appearing, and based upon Deputy Attorney General Noah P. Hill's representation that he anticipates filing the supplemental respondent's brief by September 17, 2008, counsel's request for an extension of time in which to file that brief is granted to September 17, 2008. After that date, no further extension is contemplated.
Sep 15 2008	Application to file over-length brief filed by respondent "application and declaration for leave to file oversized supplemental respondent brief".
Sep 19 2008	Supplemental brief filed "Supplemental Respondent's Brief" (7367 words; 23 pp.)
Sep 19 2008	Order filed Appellant's "Application and Declaration for Leave to File Oversized Supplemental Respondent's Brief" is granted.
Oct 2 2008	Request for extension of time filed (AA) to file appellant's supplemental reply brief. (1st request)
Oct 6 2008	Order filed Due to clerical error, the order filed in the above matter on September 19, 2008, is amended to read as follows: Respondent's "Application and Declaration for Leave to File Oversized Supplemental Respondent's Brief" is granted.
Oct 10 2008	Filed: supplemental declaration in support of first request for extension of time.
Oct 15 2008	Extension of time granted Good cause appearing, and based upon Deputy State Public Defender Karen Hamilton's representation that she anticipates filing the supplemental reply brief by November 24, 2008, counsel's request for an extension of time in which to file that brief is granted to November 24, 2008. After that date, no further extension is contemplated.
Nov 18 2008	Supplemental brief filed Appellant's Supplemental Reply Brief. (2,782, words; 14 pp.)
Jan 15 2009	Oral argument letter sent to counsel advising that the court could schedule this case for argument as early as the March calendar, to be held the week of March 2, 2009 in San Francisco. The advisement of "focus issues," notification that two counsel are required, and any request for oral argument time in excess of 30 minutes must be submitted to the court within 10 days of the order setting the case for argument.
Feb 5 2009	Filed: Letter, dated February 4, 2009, from Karen Hamilton, Deputy State Public Defender, advising the court of her unavailability for oral argument during the week of April 6, 2009.
Feb 6 2009	Received: proof of service of Deputy SPD Karen Hamilton's February 4, 2009 letter on appellant.
Apr 1 2009	Case ordered on calendar to be argued Tuesday, May 5, 2009, at 1:30 p.m., in San Francisco
Apr 8 2009	Received: appearance sheet from Deputy State Public Defender, Karen Hamilton indicating 45 minutes for oral argument for appellant.
Apr 8 2009	Filed: appellant's focus issues letter, dated April 7, 2009.
Apr 8 2009	Filed: respondent's focus issues letter, dated Apr 8, 2009.
Apr 10 2009	Received: appearance sheet from Deputy Attorney General Noah P. Hill, indicating 45 minutes for oral argument for respondent.
Apr 27 2009	Received: respondent's additional authorities letter, dated April 25, 2009.
May 5 2009	Cause argued and submitted
May 12 2009	Received: letter from Deputy State Public Defender Karen Hamilton, dated May 11, 2009 regarding additional authorities letter dated April 21, 2009 that was return for inadequate postage.
Jun 17 2009	Notice of forthcoming opinion posted
Jun 18 2009	Opinion filed: Judgment affirmed in full opinion by Corrigan, J. -----joined by George, C.J., Kennard, Baxter, Werdegar, Chin, and Moreno, JJ.
Jul 2 2009	Rehearing petition filed (911 words; 6 pp.)
Jul 9 2009	Time extended to consider modification or rehearing The time for granting or denying rehearing in the above-entitled case is hereby extended to and including September 16, 2009, or the date upon which rehearing is either granted or denied, whichever occurs first.
Aug 12 2009	Rehearing denied; opinion modified Moreno and Corrigan, JJ., were absent and did not participate.
Aug 12 2009	Opinion modified - no change in judgment The opinion herein, filed on June 18, 2009, appearing at 46 Cal.4th 847, is modified as follows: Footnote 18 on page 882 is modified to read: Defense counsel objected only to the last sentence of the court's initial instruction, despite the court's invitation to place further objections on the record. On appeal, Butler makes no argument concerning the effect of the last sentence of that instruction standing alone. Rather, his arguments depend as well on portions of the instruction to which no objection was made. Accordingly, we consider his appellate claims only to determine whether the instructions affected his substantial rights. (? 1259.) Apart from considerations of waiver, we note that defense counsel's failure to object tends to indicate[] that the potential for coercion argued now was not apparent to one on the spot. (Lowenfield v. Phelps (1988) 484 U.S. 231, 240.) This modification does not affect the judgment.
Aug 12 2009	Remittitur issued
Aug 20 2009	Received: acknowledgment receipt for remittitur from superior court.
Aug 20 2009	Received: appellant, copy of motion for leave to proceed in forma pauperis on petition for writ of certiorari. (16 pp. excluding appendices)
Aug 21 2009	Received: letter from USSC, dated August 19, 2009, advising that a petition for certiorari was filed on August 17, 2009 and placed on the docket August 19, 2009 as No. 09-6004.

Briefs
Oct 6 2004	Appellant's opening brief filed (55281 words; 205 pp.)
Jul 1 2005	Respondent's brief filed (57,219 words; 189 pp.)
Jan 13 2006	Appellant's reply brief filed (24284 words; 93 pp.)

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